#ClarenceThomas argued that the #SpecialCounsel’s office needs to be established by #Congress & confirmed by the #Senate. He said he tacked on his concurring opinion to the #immunity ruling to “highlight another way in which this prosecution may violate our constitutional structure.”
“If there is no #law establishing the office that the Special Counsel occupies, then he cannot proceed with this prosecution. A private citizen cannot criminally prosecute anyone, let alone a fmr President.”